§ 880-X-8K-.17. Improvidently Issued Permits: General Procedures
(1) Permit review. If the Alabama Surface Mining Commission which has reason to believe that it improvidently issued a surface coal mining and reclamation permit, it shall review the circumstances under which the permit was issued, using the criteria in paragraph (2) of this section. Where the Alabama Surface Mining Commission finds that the permit was improvidently issued, it shall comply with paragraph (3) of this section.
(2) Review criteria. The Alabama Surface mining Commission shall find that a surface coal mining and reclamation permit was improvidently issued if:
(a) Under the violations review criteria of the regulatory program at the time the permit was issued:
1. The Alabama Surface Mining Commission should not have issued the permit because of an unabated violation or a delinquent penalty or fee; or
2. The permit was issued on the presumption that a notice of violation was in the process of being corrected to the satisfaction of the agency with Jurisdiction over the violation, but a cessation order subsequently was issued; and
(b) The violation, penalty or fee:
1. Remains unabated or delinquent; and
2. Is not the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; and
(c) Where the permittee was linked to the violation, penalty or fee through ownership or control, under the violations review criteria of the regulatory program at the time the permit was issued an ownership or control link between the permittee and the person responsible for the violation, penalty or fee still exists, or where the link was severed the permittee continues to be responsible for the violation, penalty or fee.
(3) Remedial measures. If the Alabama Surface Mining Commission, under paragraph (2) of this section, finds that because of an unabated violation or a delinquent penalty or fee a permit was improvidently issued, it shall use one or more of the following remedial measures:
(a) Implement, with the cooperation of the permittee or other person responsible, and of the responsible agency, a plan for abatement of the violation or a schedule for payment of the penalty or fee;
(b) Impose on the permit a condition requiring that in a reasonable period of time the permittee or other person responsible abate the violation or pay the penalty or fee;
(c) Suspend the permit until the violation is abated or the penalty or fee is paid; or
(d) Rescind the permit under 880-X-8K-.18.
Author: Randall C. Johnson(Original Filed September 12, 1991; effective: June 10, 1992.)
Statutory Authority: Code of Ala. 1975, § 9-16-71, et seq.
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